BREAKING| Hijab Ban Issue Mentioned Before Supreme Court; 'Let HC Hear', Says CJI

Update: 2022-02-10 05:32 GMT
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Senior Advocate Kapil Sibal on Thursday mentioned the hijab ban issue in Karnataka colleges, as a result of which Muslim girl students wearing head scarves are prevented entry to classes, before the Chief Justice of India.Saying that a petition seeking transfer of the matter from Karnataka High Court to Supreme Court has been filed, Sibal urged CJI NV Ramana to hear the matter urgently.The...

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Senior Advocate Kapil Sibal on Thursday mentioned the hijab ban issue in Karnataka colleges, as a result of which Muslim girl students wearing head scarves are prevented entry to classes, before the Chief Justice of India.

Saying that a petition seeking transfer of the matter from Karnataka High Court to Supreme Court has been filed, Sibal urged CJI NV Ramana to hear the matter urgently.

The CJI pointed out that a 3-judge bench of the Karnataka High Court is hearing the matter today afternoon, and hence expressed hesitation about Supreme Court's intervention at present.

"You want matter to be transferred?", CJI asked Sibal.

"Yes, we've filed a petition today", Sibal replied.

"No. Let the HC decide. It's too early to interfere for us. We will wait for one or two days", CJI responded.

"Please just list it. Don't pass orders", Sibal urged.

"The problem is... if we list, High court not hear the matter", CJI said.

"No, that's not the case. You can say you don't mind HC hearing. The problem is, schools & colleges are closed. Girls are being stoned. It's spreading across the country", Sibal responded.

"We're not saying anything about merits. High court is hearing, let them, give them time. Yesterday they referred & now you're mentioning to transfer it doesn't look nice", CJI expressed.

"Please just list, I'm not asking for an order. If HC doesn't do anything you can then transfer", Sibal pleaded.

"Alright. We will see", CJI said.

The matter mentioned by Sibal is a writ petition under Article 32 filed by one Fathima Bushra, a student of Govt PU College, Kundapura. The petition has been filed through Advocate on Record Javedur Rahman.

Yesterday, a single bench of Justice Krishna S Dixit had referred the petitions filed by Muslim girl students to a larger bench, observing that important questions relating to constitutional rights and personal law are involved.

A bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM. While making the reference, the single bench had declined to pass interim orders permitting the students to attend colleges wearing hijab, observing that the interim relief also has to be considered by the larger bench.








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